Haryana

Kurukshetra

CC/171/2020

Rakesh Kumar S/o Kashmiri Lal - Complainant(s)

Versus

BYJUS - Opp.Party(s)

23 Feb 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL COMMISSION, KURUKSHETRA.

 

Complaint Case No.171 of 2020.

Date of instt: 27.05.2020

                                                                        Date of Decision:23.02.2021.

 

Rakesh Kumar son of Shri Kashmiri Lal resident of house No.100/10, Joshian Mohalla, New Bazar, Thanesar  District Kurukshetra.

                                                ……..Complainant.

                        Vs.

 

1. Byju’s, through its representative Durgesh Mishra, Senior Education Consultant, BYJU’S (Think  & Learn Pvt.Ltd.) IBC Internal Rd, Bhavani Nagar, S.G.Palya, Bangalurer, Karnataka – 560029,Mobile No.79874-29656, 9111744305

2. Byju’s H.Q Office Address- 6^th Floor, Tower D, IBC Knowledge Park, Bannerghatta Main Road, Bangalore – 560029. Mobile No. 9243500457.

 

..………Opposite parties.

 

                Complaint under section 12 of Consumer Protection Act.   

 

Before:      Smt. Neelam Kashyap, President.

                Ms. Neelam, Member.

                Sh.Issam Singh Sagwal, Member.

 

Present:      Complainant in person.

                 OPs ex parte.

ORDER

 

                   This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Rakesh Kumar against Byju’s etc, the opposite parties.

2.            Brief facts of the present complaint are that  on 13^th of March 2020 a call came to the complainant from OPs regarding his son’s counseling and online education. It was assured that a representative will came to the complainant personally and will take the child’s test and only seven students from Haryana will be selected and if the child is selected, he will be given free education from OPs.  It is further averred that on 14.3.2020 a representative from OPs named Durgesh Mishra came to the complainant’s residence. He took the test and told that complainant has to deposit Rs.72,500/- for the course and has to deposit Rs. 10,785/- in advance which is 15% of the total amount. Rest  of the amount  has  to be deposited in the installments.   The complainant was assured that he will be given a tablet and if the child is unable to grasp or any other reason, the tablet can be refunded in 15 days  and not after that. Refund will be applicable in case of his refusal or even if the child does not follow the course which they will  monitor online and will initiate the process of refund.  The complainant received the tablet on 24.03.2020 through courier.  It is further averred that on 28.03.2020, the complainant wrote a mail to OPs that because of child’s eyes problem, he   is not interested and asked for process of refund on which he was assured of solving the matter soon but this did not yield any result.   The complainant on 30.03.2020 made a call to OPs that he wants a refund as his child is not showing interest.  From 31.03.2020 no process of refund was initiated despite the complainants several reminders to Mr.Durgesh Mishra and OPs making several calls on customer care. On 2.,05.2020 a call came to the complainant from finance company that installment amount of Rs.5125/- will be deducted from his  bank account on 7.5.2020 The complainant sent a mail to the finance company that he has asked OPs manager to abort the plan. The complainant has been asked by OPs to go to his local bank and to stop the payment.  The complainant went to bank but they refused and said that they can stop EMI for three months, if loan has been taken from their branch only. The complainant went from pillar to post but nothing has been done and he came to final settlement and agreed to keep the tablet and even then OPs told that it will take 15 to 20 days and financial company refused to entertain his request.  The behavior of OPs is shocking and they have not refunded the amount as told by them within seven days which amounts to deficiency in services on the part of the OPs. Thus, the complainant has filed the present complaint alleging deficiency in services on the part of the OPs and prayed that  OPs be asked to refund the amount of Rs.10,875/-  alongwith compensation and litigation expenses.

 

3.     Notice of the complaint was given to the OPs. OPs failed to appear despite due service, therefore, OPs were proceeded against ex-parte vide order dated 1.07.2020.

 

4.             The complainant in support of his case has filed his affidavit Ex.CW1/A and tendered documents Ex.C-1 to Ex.C-8 and closed his evidence.

 

5.             We have heard the complainant and gone through the material available on the case file.

6.             The case of the complainant is that on 13^th of March 2020 a call came to the complainant from OPs regarding his son’s counseling and online education and it was  assured that a representative will came to the complainant personally and will take the child’s test and only seven students from Haryana will be selected and if the child is selected, he will be given free education from OPs. As per the complainant  on 14.3.2020 a representative from OPs named Durgesh Mishra came to the complainant’s residence. He took the test and told that complainant has to deposit Rs.72,500/- for the course and has to deposit Rs. 10,785/- in advance which is 15% of the total amount. Rest  of the amount  has  to be deposited in the installments.   The complainant was assured that he will be given a tablet and if the child is unable to grasp or any other reason, the tablet can be refunded in 15 days and not after that. Refund will be applicable in case of his refusal or even if the child does not follow the course which they will monitor online and will initiate the process of refund.  The complainant received the tablet on 24.03.2020 through courier.  It is further averred that on 28.03.2020, the complainant wrote a mail to OPs that because of child’s eyes problem, he   is not interested and asked for process of refund on which he was assured of solving the matter soon but this did not yield any result.   The complainant on 30.03.2020 made a call to OPs that he wants a refund as his child is not showing interest.  From 31.03.2020 no process of refund was initiated despite the complainants several reminders to Mr.Durgesh Mishra and OPs making several calls on customer care. On 2.05.2020 a call came to the complainant from finance company that installment amount of Rs.5125/- will be deducted from his  bank account on 7.5.2020 The complainant sent a mail to the finance company that he has asked OPs manager to abort the plan. The complainant has been asked by OPs to go to his local bank and to stop the payment.

7.             Documents Mark A and B has been placed on record by the complainant wherein the amount has been wrongly shown refunded by the OPs. From the version of the complainant it is established that he paid Rs. 10,785/ and a tablet was received by him on 24.3.2020 and the complainant within 15 days made a call on 30.3.2020 to refund the amount deposited by him but in vain despite several requests and e-mails.  This version of the complainant is supported by his affidavit whereas OPs despite due service failed to appear and contest the case. Thus, the version put forwarded by the complainant goes unrebutted and unchallenged and it is proved that OPs failed to refund the amount of Rs.10,785/- of the complainant, which amounts to deficiency in services and unfair trade practice  on the part of the OPs.

 

8.             In view of our above discussion, we direct the OPs to make the refund of Rs.10785/- to the complainant alongwith interest @ 6% per annum from date of institution of this complaint i.e. 27.5.2020 till its actual realization. The complainant shall also be entitled to Rs.5000/- for the mental harassment and agony caused to him together with for the litigation expenses. The OP are   further directed to make the compliance of this order within a  period of 45 days from the  date of preparation of certified copy of this order, failing which, the complainant will be at liberty to initiate proceedings under Section 25/27 of the Act against the OPs. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the record-room, after due compliance.

 

Announced in open Forum:

Dt.: 23.02.2021                                                                                                                                                                                                                                                                                               (Neelam Kashyap)

                                                                                             President.

 

 

(Issam Singh Sagwal),         (Neelam)       

 Member                              Member.